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[ REPUBLIC ACT NO.
11917, July 30, 2022 ]
AN ACT STRENGTHENING THE REGULATION OF THE PRIVATE SECURITY SERVICES
INDUSTRY, REPEALING FOR THE PURPOSE, REPUBLIC ACT NO. 5487, ENTITLED “AC ACT TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE WATCHMEN OR SECURITY GUARD AGENCIES”, AS AMENDED CHAPTER I GENERAL PROVISIONS Section 1. Short Title. — This Act shall be known as "The Private Security Services Industry Act.“
Section 2. Declaration of Policies. — The State
recognizes the vital role of the private sector in the protection of the people and safeguarding of property as well as maintenance of peace and order in the country. Section 3. Definition of Terms. — As used in this Act: (a) License to Exercise Security Profession (LESP) refers to a permit issued by the Chief of the Philippine National Police (PNP) or the duly authorized representative, recognizing a natural person to be qualified to perform the duties as security professional or training personnel. (b) License to Operate (LTO) refers to a permit issued by the Chief PNP or the duly authorized representative, certifying and authorizing a person to engage in employing and deploying security guards, K9 teams, protection agents, private detectives and other licensed specialized security personnel. (c) Pre-Licensing Training Programs refer to licensing pre-requisite and pre-licensing training programs that include all training and academic programs and courses with the objective to indoctrinate the individual with the basic skills and educational backgrounds necessary in the effective exercise and performance of the security and detective profession. These include, but are not limited to, the Basic Security Guard Course and the Security Officers Training Course; (d) Private Security Agency (PSA) refers to any person, natural or juridical, who contracts, recruits, furnishes or posts any security guard, to perform its functions or solicit individuals, businesses, firms, or private, public or government-owned or -controlled corporations (GOCCs); (e) Private Security Industry refers to the industry that is engaged in providing security consultancy, management, administration, operation, and provision of private or company watchman, guarding, investigative work, security training, K9 security, armored vehicle security services, alarm system monitoring services, closed-circuit television (CCTV) suppliers and other providers of security hardware, security hardware operation, personal protection services, or security consultant; (f) Private Security Professional (PSP) refers to a person who is issued a valid LESP of any classification or category, issued by the designated government agency after satisfying all the qualifications and requirements set forth by this law and its implementing rules and regulations. (g) Private Security Services refer to the act of providing or rendering security services for compensation pursuant to mutually agreed terms of reference and contract and shall include the act of providing or rendering services to watch an establishment, whether public or private, building, compound/area or property. (h) Private Security Training Agency (PSTA) refers to any person, natural or juridical, who engages in the business of providing training and academic programs and courses duly approved and prescribed by the PNP and adopted by the Technical Education and Skills Development Authority (TESDA). (i) Security Consultant refers to a security professional authorized by law to provide security services such as design and formulation of a security plan, threat and vulnerability assessment, resiliency planning, security surveying, security auditing, risk management, travel security training, event security planning and management, emergency and incident planning and management, crisis management, business continuity and other services related to the formulation of security-related solutions other than providing guards and watchmen; (j) Security Hardware refers to any mechanical or electrical device, which is designed and used for the detection of an unauthorized entry into a facility, for alerting others of the commission of an unlawful or unauthorized act within a building, structure or facility.
(k) Security Hardware and Systems Designers and
Planners refer to the security professionals who specialize in the design of security systems using a combination of security software and hardware to address security requirements of a facility and the training for their operation and maintenance. CHAPTER II REGISTRATION AND LICENSING OF PRIVATE SECURITY AGENCY
Section 4. Private Security Agency (PSA). — Any
Filipino citizen or juridical entity wholly owned and controlled by Filipino citizens may organize a private security agency and provide security services: Provided, That they shall not employ more than two thousand (2,000) private security professionals as defined in this Act. Section 5. PSA Operator or Licensee. — No applicant shall be granted a license to operate a PSA unless the applicant possesses the following qualifications: (a) Must be at least twenty-five (25) years of age; (b) Must hold a bachelor's degree; (c) Must be a part owner of the company or in case of juridical entity, holder of at least one (1) share of stock with voting rights; (d) Must be of good moral character; (e) Must not have been convicted of any crime or offense involving moral turpitude; and (f) Must be physically and mentally fit, and passed the neuro-psychiatric test and drug test administered by the PNP or other similar government centers and facilities: Section 6. License to Operate. — A license to operate issued by the Chief PNP is required to operate and manage a PSA and PSTA: Provided, That an LTO for PSTA shall be granted only to a training school, institute, academy, or educational institution which offers courses prescribed and approved by the PNP or training programs accredited by TESDA. Section 7. Period of Validity of LTO. — The LTO issued to PSA and PSTA shall be valid for a maximum period of five (5) years, subject to renewal: Provided, That the Chief PNP may set a shorter validity period for LTO with applicable fair and reasonable fees adjusted accordingly. Section 8. Fees and Bond to be Paid. — Every application for LTO shall be accompanied by a bond issued by competent or reputable surety, fidelity or insurance company duly accredited by the Insurance Commission.
Section 9. Administrative Fee of PSAs. — The
minimum administrative fee that may be charged by PSAs to its clients shall not be less than twenty percent (20%) of the total contract cost, subject to adjustment by the Department of Labor and Employment. Section 10. Issuance of Firearms. — A PSA shall be entitled to possess firearms after having successfully passed the requirements prescribed by the Chief PNP and in accordance with Republic Act No. 10591 or the "Comprehensive Firearms and Ammunition Regulation Act“.
Section 11. Uniform. — The uniform of PSPs shall be
different from the uniform worn and prescribed for members of the Armed Forces of the Philippines (AFP), the PNP and other law enforcement authorities. The PNP, through the authorized representative, shall prescribe the uniform, ornaments, equipment and paraphernalia to be worn by the PSPs while on duty. CHAPTER III PRIVATE SECURITY PROFESSIONALS Section 12. License to Exercise Security Profession (LESP). — No applicant shall be granted license to exercise private security profession unless the applicant possesses the following qualifications: (a) Must be of legal age; (b) Must be a Filipino citizen; (c) Must be physically and mentally fit; (d) Must be of good moral character; and (e) Must not have been convicted of any crime or offense involving moral turpitude Section 13. Period of Validity of LESP. — The LESP of duly qualified PSPs shall be valid for a period of five (5) years from the date of its issuance. Section 14. Pre-Licensing Training. — No person shall be granted an LESP without undergoing the Pre-Licensing Training Program as defined in this Act. Section 15. Ladderized Training and Education. — The PNP, in partnership with private security training institutions or public institutions duly accredited by the government to provide such training education to private security professionals, shall develop ladderized training and education CHAPTER IV PENAL PROVISIONS Section 16. Penalties. — Any violation of the provisions of this Act shall, after due notice and hearing, be subject to the corresponding penalties herein provided: (a) A license to operate of a PSA may be cancelled, revoked or suspended by the Chief PNP when: 1) It takes part in an armed conflict against the government; 2) It uses force or the threat of force or those it represents in a national or local electoral contest; 3) It uses its authority to be involved in human rights violations; 4) It is used as a privately owned and operated para-military organization operating outside of the regulatory framework established by this law and the implementing rules and regulations adopted by the PNP; 5) It intentionally and maliciously makes use of electronic security devices or remote video surveillance in a manner that violates the privacy of civilians; 6) It acted with gross negligence in dealing with violations, or mistakes of its members, or incompetency in its ranks; 7) Its named operator or licensee is convicted by final judgement of any crime or felony; 8) It violates any provision of Presidential Decree No. 442, otherwise known as the "Labor Code of the Philippines," as amended, including its implementing rules and regulations; and 9) It acted in a manner which renders the PSA a detriment to the maintenance of peace and order. (b) Any PSA or any entity which operates without a valid LTO shall suffer the penalty of a fine of not less than One million pesos (P1,000,000.00) and not more than Five million pesos (P5,000,000.00) at the discretion of the Chief PNP;
(c) Any PSA or any entity which operates with an
expired LTO shall suffer the penalty of a fine of not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) at the discretion of the Chief PNP; (d) Any person practicing private security profession without a valid license or with only an expired license shall suffer the penalty of a fine of not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) at the discretion of the Chief PNP.(awÞhi( The same penalty shall be imposed upon a PSA who shall deploy any person practicing private security profession without a valid license or with only an expired license;
(e) Any person who offers to render or renders services to
persons or places conducting illegal activities shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years, and a fine of One million pesos (P1,000,000.00), at the discretion of the court, without prejudice to criminal prosecution under other laws; and • (f) Any person who violates any of the provisions of this Act not mentioned in the preceding subsections shall suffer the penalty of imprisonment of not less than six (6) months and one (1) day to six (6) years, or a fine of One million pesos (P1,000,000.00), or both, at the discretion of the court, and cancellation or suspension of its license with forfeiture of the bond without prejudice to criminal prosecution under other laws.
If the offender is a juridical entity, the penalty shall be
imposed upon the officer or officers of the juridical entity who participated in the decision that led to the violation of any provision of this Act, without prejudice to the cancellation of their license issued by the PNP. CHAPTER V MISCELLANEOUS PROVISIONS Section 17. Implementing Rules and Regulations (IRR). — The PNP, in consultation with stakeholders and other national private security associations, representatives of private security cooperatives and other stakeholders of the security industry, and subject to the provisions of existing laws, shall promulgate the rules and regulations necessary to implement the provisions of this Act within ninety (90) days from its effectivity. Section 18. Separability Clause. — If any part or provision of this Act is declared unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect Section 19. Repealing Clause. — Republic Act No. 5487 is hereby repealed. All other laws, presidential decrees or issuances, executive orders, letters of instruction, rules, regulations and administrative orders inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 20. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.